Posts Tagged: Federal Circuit Review


Mandamus Relief Denied: Federal Circuit Avoids Clarifying TC Heartland in In re Google LLC

The Federal Circuit recently elected not to decide en banc “whether servers are a regular and established place of business, such that venue is proper under 35 U.…

Federal Circuit Addresses Whether Anticipating Prior Art Reference is ‘By Another’ as Described in 35 U.S.C. § 102(e)

The Federal Circuit recently overturned a Patent Trial and Appeal Board (Board) inter partes review decision finding that an IPS Group (IPS) patent was not unpatentable as …

Federal Circuit Holds Parties Joined to an IPR have Right to Appeal PTAB Decision—Even if Original Petitioner Lacks Article III Standing

The Federal Circuit on February 1 affirmed the Patent Trial and Appeal Board’s final written decision in an inter partes review concluding that the claims of a …

Motivation to Combine Unnecessary Under Section 103 if Secondary Reference Does Not Supply Element or Teaching

On January 10, the Federal Circuit issued an opinion affirming a decision of the Patent Trial and Appeal Board (PTAB) invalidating several claims of U.S. Patent No. 6,597,812 (…
By Gene Quinn
1 month ago 10

Federal Circuit Relies on Printed Matter Doctrine in Affirming Examiner’s Rejection of Claims Under 35 U.S.C. § 101

The examiner concluded the claims were directed to the abstract idea of rules for playing a game, which fell within the realm of methods of organizing human …

Federal Circuit Affirms Apple IPR Victory over VirnetX Patent

The Federal Circuit recently issued an opinion affirming the decision of the Patent Trial and Appeal Board (“Board”) invalidating a VirnetX patent challenged by Apple. The Court …

Continuing to Pursue Claim Construction Arguments Does Not Make Case Exceptional

The Federal Circuit recently affirmed the decision of the Federal District Court for the District of Minnesota denying attorney fees to Wright Medical Technology, Inc. Spineology, Inc. …

Sending Infringement Notice Letters May Create Personal Jurisdiction

The United States Court of Appeals for the Federal Circuit recently reversed a district court’s grant of motion to dismiss a declaratory judge action against Plano …

CAFC Refuses to Find Post-URAA Patent to be Invalidating Reference Against Pre-URAA Patent

The Federal Circuit recently reversed a decision by the United States District Court for the District of Delaware holding that a patent filed after the Uruguay Round …

Federal Circuit Upholds Patent Term Extension for Novartis Drug

The United States Court of Appeals for the Federal Circuit recently affirmed a district court decision finding the '229 patent valid, unexpired, enforceable, and infringed, and granting …

Personal Jurisdiction is Not Established by Prior Lawsuit or Sending Infringement Notice Letters

The Federal Circuit recently affirmed the District Court for the Eastern District of Tennessee’s dismissal of a declaratory judgment action based on a finding of lack …

Reasonable Royalty Cannot Include Activities That Do Not Constitute Patent Infringement

In Enplas Display Device Corp. v. Seoul Semiconductor Co., the Federal Circuit vacated a $4 million damages award to Seoul Semiconductor Co. (“Seoul”), holding that the district court …

Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing

In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features …

CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible

The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …

Federal Circuit Holds a ‘Similar Enough’ Claim Construction Doesn’t Violate the APA

In Hamilton Beach Brands v. F’Real Foods, the Federal Circuit found that under the Administrative Procedure Act, the Patent Trial and Appeal Board’s adopted claim …